Res judicata and limitation periods in general
Like time-limits, limitation periods and the rules on the finality of decisions of courts or other bodies (res judicata) are linked to the principle of legal certainty. While both limitation periods and res judicata are legal obstacles for bringing proceedings, res judicata may also have the effect that a court is prevented from (re-)considering certain questions of substantive law, including at the appeal or enforcement stage, whether on the request of a party or of the court's own motion. Despite the fact that res judicata and limitation periods may, in some circumstances, be at odds with ‘material justice’, the Court has recognised the value of legal certainty in the legal order of the Union and the Member States. On this basis, the Court (456) has confirmed that the effectiveness of consumer law does not, in principle, require setting aside the domestic rules on res judicata and reasonable time-limits, including limitation periods:
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.